Privacy Policy

Thank you for visiting Sleepy Jones, LLC (“Sleepy Jones” or the “Company”) and our web site, www.sleepyjones.com, or any other site owned or operated by the Company (collectively, the “Site”) and using our services (the “Services”) and reviewing our Privacy Policy. Your privacy is important to us and we recognize that you may have concerns regarding the collection, use, and disclosure of your personally identifiable information (“Personal Information”) which we may gather during your use of the Site and the Services. This Privacy Policy informs you of the information we collect, the way we collect it, and what is done with it. This Privacy Policy does not describe information collection practices on other sites, including those linked to or from the Site nor any other companies or persons associated with the Services.

Agreement to Terms of Privacy Policy.

By accessing the Site and using the Services, you agree to this Privacy Policy and consent to the collection, use and disclosure of information in accordance with this Privacy Policy. Our Terms of Use (“TOU”) includes and incorporates this Privacy Policy. Certain capitalized terms used in this Privacy Policy are used as defined in the TOU. You may not use the Site or the Services if you do not agree to this Privacy Policy. When you submit your personal data to Sleepy Jones, you are giving your consent to the collection, use and disclosure of your Personal Information as set forth in this Privacy Policy

Changes to Privacy Policy.

We reserve the right to revise this Privacy Policy from time to time. If there is a change to our usage practices that affects your Personal Information, we will notify you of the relevant changes by email or by posting a notice on the Site. When Sleepy Jones sends or posts a Privacy Policy change notice, you will need to review the new Privacy Policy features carefully so you understand our procedures and practices. Any changes to this Privacy Policy are effective immediately upon the posting of such changes. Please be advised that our rights to use your Personal Information will be based on the Privacy Policy in effect at the time of any such use.

Collection of Information.

The Personal Information we collect is used to identify you, including your name, physical address, email address, telephone number, financial information, log-in and password details, and details of transactions made by you through the Service. Personal Information is collected when you register with the Site, purchase products on the Site, upload or post content, use the Services, or visit the Site. We also collect your communications with Sleepy Jones with respect to the Site and the Services. Your Personal Information is used for our internal purposes to improve and personalize the Services for you and to provide excellent partner and customer support, as well as to identify you when you sign in to your account, to enable us to provide you with the Service, to process and fulfill orders for products, to send you information you may find useful or which you have requested from us, to administer your account, to enable us to contact you, and for other purposes that we disclose to you when we request your Personal Information. By providing Sleepy Jones your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including confirmations and information regarding product orders, changes to features of the Service and special offers.

Additionally, we collect certain non-personal default information customarily logged by web server software. Such information may include your originating IP address, the date and time of your visit, your browser type, the previous site you visited, the content you upload and review and Services you use, the products you review and order, and the pages and images requested. Non-personal information is used to maintain, evaluate, and improve the Services.

Security of Information.

We use commercially reasonable efforts to protect your Personal Information from disclosure or unauthorized access. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished if you are using a shared computer. Sleepy Jones is not liable for disclosure of data due to errors in transmission, unauthorized access or acts by third parties, or omissions or acts beyond Sleepy Jones’s reasonable control. Sleepy Jones does not guarantee that your Personal Information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

Information Shared with Third Parties.

Generally, Sleepy Jones will not provide your Personal Information to any third parties except as reasonably necessary in the performance of the Services or otherwise in order to operate our business. We may use third parties to maintain or perform certain parts of the Services, such as order fulfillment, shipping, payment processing, marketing, website evaluation, fraud protection, data collection and storage, and other services to assist us in maximizing our business potential. We use commercially reasonable efforts to prevent such third parties from using or disclosing your Personal Information for any reason other than the service they are providing in connection with the Services. However, we cannot and do not guarantee that such third parties will not use or disclose your Personal Information. If Sleepy Jones is acquired, merged with another entity, or if substantially all of our assets are acquired for any reason, we may disclose your Personal Information to any successor-in-interest of Sleepy Jones. Additionally, we may disclose your Personal Information in the case of an emergency or as required or permitted by law, or to protect or enforce our rights or the rights of a third party. For example, if a third party alleges that you have infringed their intellectual property rights, we may disclose your Personal Information as it relates to such allegations. We may also provide your Personal Information to other companies or organizations for credit fraud protection and risk reduction.

Sleepy Jones may use certain information about you and/or content or information you submit to the Site without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing advertisements and promotions. We may store Personal Information in locations outside the direct control of Sleepy Jones (for instance, on servers or databases co-located with hosting providers).

Any Personal Information or content that you voluntarily disclose in public areas of the Site becomes publicly available and can be collected and used by other users of the Site. You should exercise caution before disclosing your Personal Information through these public venues.

Use of cookies.

Cookies help us personalize your experience with Sleepy Jones. We use cookies to keep track of how customers are navigating the Site and to allow us to provide you with personalized content. Cookies are small pieces of information which are issued to your computer when you visit a website and which store and sometimes track information about your use of the Service. When you enter the Site, our web server sends a cookie to your computer which allows us to recognize your computer but not specifically who is using it. By associating the identification numbers in the cookies with other customer information when, for example, you log-in to the Site or use the Service, we know that the cookie information relates to you. Some of the cookies used by our Service are served by us, and some are served by third parties who are delivering services on our behalf.

Updating Your Information.

You can review, correct and update your information by email or by logging onto the Site and making the appropriate changes in your personal profile. We may retain certain information as required by law or for necessary business purposes.

Web Sites linked to Sleepy Jones.

Sleepy Jones is not responsible for the information practices employed by websites linked to or from the Site. Please remember that when you use a link to go from the Site to another website, Sleepy Jones’s Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including websites which have a link on the Site, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.

Children’s Privacy Issues

People under 18 years of age are not permitted to use the Site or the Services on their own, and so this Privacy Policy makes no provision for their use of the Site. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information through the Service. If you have reason to believe that a child under the age of 13 has provided Personal Information through the Service, please contact us, and we will endeavor to delete that information from our databases.

Governing Law and Jurisdiction

This Privacy Policy constitutes a contract made under and shall be governed by and construed in accordance with the laws of the State of New York.

Sweepstakes

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

1. Eligibility: Sweepstakes (the “Sweepstakes”) is open only to those who sign up at the online sweepstakes page and who are 13 as of the date of entry. Employees of Sleepy Jones (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.

2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Sleepy Jones, as final and binding as it relates to the content. The Sweepstakes is subject to all applicable federal, state and local laws.

3. Sweepstakes Period: Entries will be accepted online starting on or about January 19th and ending January 22nd. All online entries must be received by January 22nd 11:59PM EST.

4. How to Enter: The Sweepstakes must be entered by submitting an entry using the online form provided on this Sweepstakes site. The entry must fulfill all sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sleepy Jones. You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Sleepy Jones.

5. Prizes: Winners will receive a four year supply of pajamas, a retail value of $2000. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor’s discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Sleepy Jones to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

6. Odds: The odds of winning depend on the number of eligible entries received.

7. Winner selection and notification: Winners of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor. Winners will be notified via email to the email address they entered the Sweepstakes with within five (5) days following the winner selection. Sleepy Jones shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected.

The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

8. Rights Granted by you: By entering this content you understand that Sleepy Jones, anyone acting on behalf of [company name], or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.

9. Terms: Sleepy Jones reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sleepy Jones may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Sleepy Jones. Sleepy Jones reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.

Sleepy Jones has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering.

Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Sleepy Jones reserves the right to seek damages from any such person to the fullest extent permitted by law.

By entering the Sweepstakes you agree to receive email newsletters periodically from Sleepy Jones. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.

10. Limitation of Liability: By entering you agree to release and hold harmless Sleepy Jones and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.

11. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF USA AND NEW YORK STATE, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.

12. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Sleepy Jones Web Site. To read the Privacy Policy, http://sleepyjones.com/privacy click here.

13. Winners List: To obtain a copy of the winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Sleepy Jones, 25 Howard Street, NYC, NY 10013 USA. Requests must be received no later than January 22nd.